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The Louisville gazette. (Louisville, Ga.) 1799-1800, February 05, 1799, Image 2

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then, that a brigadier gfEcr.il and three held officers fhould have been ordered to Montgom.-ry from different counties, uj trv the major, or that the major fhouid attend his trial at the (eat of go vernment, the moft convenient place, and the middle ground of Che brigide he belonged to ? If it be derii led that an officer cf your militi i cannot he tried out of his county, it may eafily be difeovered, that cafes may arife, where he cannot be tried at all, however henious bis offence. 1 have barely dilch.vged rny du ty ; and the oath of Brazel # Overfired, one of the jury who prefent'dlhe trial, will prove, th »t the grand jury were de ceived in their presentment, and only thought it a peti tion for anew tiial. It is cer tain, that fince the period of the major’s trial, lels daitnge has been fuflained from Indim de. predations, and the executive with pleafure informs the legifla tuie, that not a man has been called into fe vice, of cou'fe not a (hilling expended, for Indian defence, notwithftandirg the un promifing afpefcl of the com mencement of the year ; a cir cumflance unparalelled fince tha firft fcttlcrnent of theftate; fame robberies have indeed been committed, and one man, Ben jamin d ims, of Camden, was killed in the month of May laft ; but on demanding the murderers, the agent declared them to be Florida Indians, and 9 t that Tims was killed in their; purfuit without the bounds of ibe United Stales. The averfion which the legif lature (hewed to running the line, and the coMelpondcnre between the agent and myfelf marked No 6, as to the quantum of property which might be expell ed to be received in cafe a depu tation took place, induced me to delay appointing commiftion ers to demand it from the Creek nation, and to fubmit it for your confideration. The flatementj from major Abner Hammond,' whom 1 fhould have appointed j as one of them, had I conceived the flep proper, will convince your honorable bodies that the delay has not been improper, and that an appointment would only have been produftive of ex pcnce to the (late, and chagrin to her citizens, who have fuffer cd from their depredations— That appointment, or the pro priety of an application to con-! grefs for compeniation, you will decide on. The papers marked No. 7, will fo fully explain thcmfelves on the fubjeft of the enclofure of theftate houle yard, that it would be a trefpafs on your time to add more than that, although the power of contrafl was not peifeft, and a brick wall would have been preferable, as being more durable; yet, as the work as it is, adds relpedlability to the ftate building, an equitable price flionM hr allowed the Workm in ; : the furn contraftcd for appeared to me to be extravagant, but ; you are better judges tfnn my -1 fdf. and mjy not deem it un reafonahle. In the month of May, the ftatc convention met, and form ed the conftitution under which 'you bold your feats. No doubt, • it has its imperfe&ions ; for it is ! not the lot of human wildom | in any of its attempts, to be free [from them—but I have with plcafuie heard of its being ap plauded in other dates, and, I venture to exprefs mv (pinion, that it is as little exceptionable as m©ft in the Union. It could not be cxpe6led that this, or that detached part of the ftate fhould reap all the benefits arifing from it; and to give a little, to gain a little, is the fate of human fociety. Such as it is, however, the people, our fovereign, have framed it:* and it is our duty, as public feivants, to obey it. We have no right to claim a part and deny a part —To 'fupport this claufe and protfft againft another claufe ; for ahhough, it is true, that various conlltuc tions may be placed on a fingle fe&ion, as to the meaning or operation of that fedbon, until explained and decided on by law, yet the great whole mufl be proteftcdandimplicitly obey- 1 cd, until altered by confti u tional means, both by the Jegif lative branches under the oaths their members take, and every ' otherdepartmentofgovernment j To protefl and declare againft 1 being bound by certain, parts of the conftitution, is, in my opin ion mutiny, to fay no worfe, againft the majefty ot the peo ple ; and I hope, however un btfhionable, that the govern ment of Georgia is not yet arri ved to that point of difrefpetl for that fountain of power, as to CQnfider the conftitution willed by them as a cobweb, and the charter of their rights as a baubl.e, to be broken through i or torn in pieces as felf-interell or circumftances may (uit. It is our duty, as public fervants, to preferve and defend it, as the rock of the people’s' happinefs, and the creed of their political falvation. I am fotry on this head to lay be fore you a tranlaftion, which baa made much noife throughout the ftate, and may require fume of your attention. Two members cf the late coofcotioo declined frgning the conftitution, for rtafons they declared to be contained in a paper, which the conventu .1 refuted to notice, or to have entered on their journal. Some time after the conftitu tion took effeft, a publication was in ferted in the Augulia Snr.hcrn Ccnii nel, by two officers of high grade io ! ycur mlitia, purporting to be the pa per prtfented to the convention ; and j which in public print, appeared to be a proteft againft the 23d and 24th feAi ons of the firft article of the conftitu tion, under the fjgnaturcs of brigadiers general James Gaoa and Th< raag Glaf cock. On lornc obfervations made j thereon j this pioteft againft the rights ’ of the citizens of Georgia, was agaio in the public prints• avowed, aod offici al:? auihcQtiuicd by jofeph fiuuhia ; L a no'ff pwl.Kc asiiog unJer the i I Liviniy of the Itatc. # 1 The executive taking m'o confHen < : i1„„,,1,e Hanger ol p,. .I.C ofli.er. be'ng • »-rml w.th impunity* to tramp c the . ifoiidi'ution under tli-it fee’, and a To Vonfiiering that if general# of the Hate p'otcll againtl it, no infer or ofil • . C | , r private m luU man. coU;d be ex ’ oedted to fupport or defend it; ana I hat if 0"C let of perfons could proteti ! again ll tbs, another fc r cou'd part or the contl tution and in ' J a fhorc time to vrßigc of conftituti : 1 jonal authori y would remain ; determined l to arrdl thole officer! and to bring them 1 to tr al by a court martial; but bn determfna ion, in th s respect, w..s l fn peded by the fitutonof the ftate ex pofed to invafion, and when every ptef i pcfk led u» to expefl it. When the ! Union wafi preparing f r war, to have | drawn the icmanmg brigadiers and . fourteen field officers to a point for their tr al would hive been a dangerous and an imprudent fttp ; or, yon /hould not hnv: been troubled w th this detail Ncctffiry therefore induced a fuc miflion of their conduct to the Irgiflaturc ; and it lays with you to dettrmir c if your militia officer! will not piottd the con ftitut on, nor defend the pubi c property of the itate, what fafety there is for the government under whole au hori y they hold iheir comm ffinnp. But before 1 quit this ful jed, I have *o inform you of the fufpei lion of tha diring notary public, who although he held his office only during good behaviour, undertook to exncife tire authority the ftite had | veiled him with, to ddlroy the very cffencc of the authority which gave it As the law pointed out no mode of trial of the good behav our of fuel: an ufficer, and be was not known as a nota ry hy the conftitution, I reftmd the • fubj-d to the law department. The an fwcrsof folicitors general Van Allen and Caldwell, to certain executive que riea to be found in the paprs on ths bead, marked No. 8, were the llrong grounds on which I fufpended bm,and 1 my refcarches fiuce have convinced me i that their opinion and my hifpenfion was ! proper A fimple queftion decidei agaii.ll him. Was it good behaviour in Mr Hutch’nfon to fix his notarial Cal | and fignature to a protest against the constitu:ion of his country ? if a citizen ! does not accord in political ft Aliment, with the constitution, let him remove from its jurifdi&ion, or watt with patt ence for a constitutional change; not accept offices under the government to employ them against the constituted au thoriiy. The 14th fedion of the 4th I article of the constitution, declaring that all civil officers lhall continue in the ex ereife of the duties of their feveral office! for the period for which they were ap pointed, and the latter part of the faid fedion declaring, “ ilat all laws now in force, lha 1 continue to operate fo far 88 they arc compatible with the conetituti on until repealed/’ and the ad of the 23d day of December 1789, entitled, “ an ad for regulating the appoint meat of justices of the peace in the feve ral counties of this state, and for cm powering the governor to fill up a l va cancics that may happen in office during 1 the recefs of the general tffcrably ; ,f not being incompatible as refpeds this officer, be being appointed under a for mcr authority ; and the 3d fedion of the laid ad cxprcfsly declaring “ that it lhall and may be lawful for the ! governor tor tbe time being, when an j office lhall become vacant by death, tc fignation or removal from office by the governor, or otherways, during the re eels of the general affemb'y to appoint feme fit and proper perfon to Tuch office there can be little doubt, exdu five of the strong grounds the law department has taken under the refeind ingad, of the power of the executive to remove Mr. Hutchiulon cither as a notary public, or justice of the peace, and of filling the vacancies. And here I have to remark that heat, col. Watkins, of the Richmond county regiment, has alfo made declarations in the pubhc ptiaia, that he will never cor.fi-!er hirtfclf bound by certain parti of the cooftitutioo. This, as a public officer, is going to great lengths indeed. VV.ll nrfer feel hlmf If boun I by certain part* of the conft tu;ion, and thofe parti not fperified ! What dependence can be placed on that officer in fupporing the conlL'ution, when he declares he never will be bound by it ■ I could bare tried the lieutenant colonel, but as I had fubtnifted the conduA of h's fuperior officers to you, I did not deem it a »e ceffary attention, to deal partially wi.h him ; an! his cafe with the other!, is i left io r y. ur dec Tion. On this before I proceed further, 1 beg leave to hint the propri e y of ohlig ng every mil’t’a officer of Georgia to take an oath, to be pre f.ribed by law, to fupport the conftha lion of the s'atc. Thofe officer! will then judge how far their declarations and protefts, will perm’t their ralaining ihc r commifii »ns. But you, gentlemen, who have fworn to fupport the cot* cannot view ftich glaring condud in your ppblic fervants, without the roost lively indignation. Gentlemen of the Senate and Houfe of R:* fre/entativetf 1 have the utmeft Ltisft&ion in in forming you, that, noiwnhftaoding th« many arempts through,the channel of the public pr ots, to deftroy the confi dence of the gcneial government in the (fate adm niflratii n, that harmony baa been cultivated between the principal cleparments of the Union and the State Ectcutivc. In the month of June Uft, th? ports of this ftate, as well as thofe of S. Carolina, were vifited by a number of v ffeiacrouded wiih St, Domingo ne* groes, or perlona of colour fhipped for thofe ftatta by the Brilifh on their eva cuation of Pori-au Prince, which occa fiooed a ferious alarm all along the fea coalls of both (fates, and which alarm was very much incrcafed, when the fai lure of the negociations between the Ge nera! Government wi b France was known. My corrcfp mdtnce wth the heads of the departments of the Fede» ral government, and the governor of South-Carolina, on thofe air<l other to pics marked No. 9 will rot only decid edly prove my determ oation to fupport ! the General Government, with the whole force of th s ftate in my power, but that ! fcvcral fteps taken by the Sta’e Execo* 1 tive, have met the approbation of the Executive Department of the Union. Amctica being unconnected by natu ral ties with any foreign nation, and ; bit-fled within hcrfclf with every produce tion, wtiich can adminiftcr to cither our j neceffary comforts or our cafe, I con ceive it the unbouoden duty of every citizen toproteft, with bis life and for tune, the independence of his happy and detached country, from the hoftile at tacks of every open or infinuating invad er, whether of the monarchical cl-fa of Britain, or the democratical cnlhuliafts of France, Succefa might crown our partiality for either for a moment, but the biliertft rcroorfe might fuccced the event—Entangled in European politics, although America with the fword, like China with her manners, might ultimate ly pievall a* a nation, it might be too late, to prevent a Tartar from eftabhlh' ing a throne—-Lei us fteer clear of Scylla, whilft wc avoid Charybdis, znd picierve our partiality for our own government —If aa a peop ? e, and a ftate, we have complaint!, let us hope that the Union will confidcr and redrcls them— If there be encroachments on our right*, let us patiently wait for conftitutiooal mesas of removing them,—l will not, fellow citizens, play the hypocrite, and tell you they do not cxift, for they do exift, and Georgia feels them more fibly than any other ftate. I’hc iotcrcourfe law, between the Uaitcd States and the Indian tribes, is a grievance in its operation, rooft fe vcrcly felt by our frontier citizens .1 perlona of honefty and rcfpe&abdiiyt barely for being id a car.oe or making filh traps on the Oconee river, h avf been confined in military dungeons, or chained to flumps expofed to the j iaclcaacocy of ihs fcfctcn feafoua*